A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 24, 2013, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, and on January 21, 2014, the Defendant filed a petition with the same court for a summary order for a violation of the Road Traffic Act.

On March 27, 2014, at around 23:10, the Defendant driven a rash car while under the influence of alcohol of about 0.118%, without obtaining a driver’s license, from the front of an industrial tower located in the Nam-gu New-dong, Ulsan Metropolitan City to the front of the park cemetery located in the same Gu-dong.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol more than twice without obtaining a driver's license.

Summary of Evidence

1. A protocol concerning the examination of partially suspects of the defendant (in the case for which a summary order is requested on January 21, 2014, the purport that the defendant did not drive under drinking)

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, a copy of the summary order, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (including repeated punishment of the same kind of crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Article 55 (1) of the Criminal Act that has no record of being sentenced to suspension of qualifications or heavier punishment

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;